A delivered work is not always a finished work. Leaks that appear at the first winter, cracks in recent walls, materials substituted without authorization, installations that fail months later: the client who discovers defects after delivery has a defined legal path — but one constrained by short timeframes and by the technical proof of the defect.
What construction defects are
Argentine law distinguishes between apparent defects — visible at the time of delivery, which must be observed at that moment — and hidden or redhibitory defects, which are not noticed at delivery and manifest later. Liability for defects coexists with decennial liability for ruin, but operates with different timeframes and remedies.
- Leaks, moisture, and envelope pathologies appearing after delivery.
- Cracks and non-structural movement in walls, sub-floors, or openings.
- Substitution of specified materials with lower-quality alternatives.
- Defective or uncertified electrical, plumbing, or gas installations.
- Discrepancies between approved plans and executed work.
- Insulation, finishes, and coatings that fail in short order.
When a claim is the right move
A defect claim succeeds when there is a demonstrable defect, an open procedural window, and a clear defendant: builder, seller, or professional. The firm represents both the individual buyer and the consortium that discovers defects in common parts after taking delivery of the building.
- Purchase of a new unit with defects in structure, installations, or finishes.
- Delivery of works with non-conformities detectable only after the fact.
- Progressive damage linked to defects of project or execution.
- Materials that do not meet contracted quality or technical regulation.
- Disputes over the scope of post-delivery warranties.
Timeframes and opportunity
Timeframes are the first barrier to the claim. The acquirer must report the defect within sixty calendar days of detecting it, or loses the redhibitory action. Prescription runs on short periods for minor defects and extends when the defect compromises the soundness of the work. The first technical-legal step is therefore always to fix the date the defect manifested and to frame it within the applicable regime.
How we work a defect case
A construction defect case requires procedural speed and technical rigor. The firm integrates both from the first contact.
- Urgent inspection to fix the date the defect manifested and preserve the statutory window.
- Reliable notice to the builder, seller, or professional involved.
- Technical diagnosis of the defect, its cause, and its scope.
- Quantification of damages and of repair or replacement costs.
- Mandatory pre-trial mediation and, where appropriate, judicial claim.
- Follow-through during the expert report through to final judgment or settlement.
Possible outcomes
Depending on the magnitude of the defect and the position of the parties, the result can range from a price reduction or repair at the responsible party's expense to full rescission of the contract with refund of payments. Litigation is avoided when the technical evidence is well built and the claim is framed within timeframes. When the defect is discovered late, the strategy redirects toward decennial liability for ruin where the facts allow.